IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.4045/2019 BETWEEN:
Pavan @ Pavankumar.B.M., S/o Balaraj.K., Aged about 29 years, R/at # 73, Manjunatha Nagara, Marathalli Colony, Bengaluru South, Bengaluru – 560037.
(By Sri. Ramesh.L., Advocate) AND:
State of Karnataka By HAL P.S, Bengaluru – 560037. Reptd. By S.P.P., High Court of Karnataka, Ambedkal Veedi, Bengaluru – 560001. (By Sri.S.Rachaiah, HCGP) ... Petitioner ... Respondent This Criminal Petition is filed under Section 438 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.172/2019 of H.A.L Police Station, Bengaluru for the offences punishable under Sections 323, 324, 326, 307 read with 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner has filed the petition seeking to be enlarged on bail in the event of his arrest with respect to the proceedings in Crime No.172/2019 registered for the offences punishable under Sections 323, 324, 326, and 307 read with Section 34 of IPC.
2. The case of the prosecution is that the complaint was lodged alleging that on 27.04.2019 at about 8.00 p.m., the petitioner had called the complainant over phone to come near the temple and when he went to the said spot at about 9.30 p.m., the petitioner and his friends assaulted him. It is further alleged that the friend of complainant has assaulted the petitioner with one tool on the left side of his abdomen, subsequently, the complainant was admitted and had taken medical treatment. FIR has been lodged and investigation is in progress.
3. Learned counsel for the petitioner states that initially the offences for which the FIR was registered is under Sections 323, 324 and 326 read with Section 34 of IPC and only on the basis of further statement of the complainant, Section 307 of IPC came to be included. He has further submitted that the only allegation as regards inflicting of injuries is imputed to the friend of petitioner and it is further submitted that the allegation as regards the petitioner is that he had assaulted the complainant without inflicting any injury.
4. Looking into the nature of imputation as made out in the complaint as regards the petitioner and noticing the imputation of inflicting injuries through a tool is regards the petitioner’s friend, no case is made out for custodial interrogation.
5. Accordingly, in light of the above observations made, the bail petition filed by the petitioner under Sec. 438 of Cr.P.C. is allowed and the petitioner is enlarged on bail in the event of his arrest in Crime No.172/2019 for the offences punishable under Sections 323, 324, 326 and 307 read with Section of IPC, subject to the following conditions:
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.172/2019 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioner shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioner shall physically present himself and mark his attendance before the concerned Station House Officer once in week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE GJM